67 



duce his attorney, or legal adviser, to urge the 

 point of law, (which few defendants can be 

 supposed capable of doing, and ought not to 

 be expected to do, and to refuse which, 

 would perhaps be dangerous to a magistrate ;) 

 and if this is refused, leave it to the magis- 

 trates' discretion to act as they may think pro- 

 per and most prudent. And if a conviction 

 ensues, remove it into the Court of King's 

 Bench, and try the right. 



But a much better (because it would not 

 only be a more liberal and gentlemanly, but 

 a more effective) mode of trying this right 

 would be, either on a private understanding 

 between the parties, or by some individual 

 giving notice to any gentleman who imagines 

 himself entitled to a fishery of this description, 

 of his intention to fish, at a time and place 

 specified, merely with the intention of trying 

 the right. Sufficient should be done for that 

 purpose, and no more, and thus the matter would 

 come fairly and properly before a tribunal 

 competent to decide this important question.* 



* From the facts stated in the preface, it is more than 

 probable the question will shortly come before a legal tri- 

 bunal. 



